Outside E&S Experts Proposed For Projects
Rockbridge County should adopt more stringent regulations regarding the management of storm water at large construction sites, the Board of Supervisors was told last week.
Gretchen Sukow, speaking at a public hearing on an ordinance to amend the county’s regulations on erosion and sediment control and storm water management, urged the supervisors to add a requirement that outside experts be hired to review construction projects when 20 acres or more of land is being disturbed. The amendments under consideration were prompted by recent changes to regulations at the state level.
Sukow, who has been a citizen monitor of the health of Woods Creek, has spoken at a number of Board of Supervisors meetings in the past year in which she has expressed concerns about Woods Creek being polluted by sediment that leaves the Tri-Brook golf course construction site during heavy rain events.
“Every time we experience a rainstorm in and around Lexington, Woods Creek continues to be inundated with sediment pollution, despite the efforts of the property owners who have undertaken measures to prevent it,” Sukow told the Board. “When this occurs, the creek downstream of the course turns an orange brown color and turbidity measurements taken by certified citizen monitors are well beyond limits needed to support aquatic life.”
She and others associated with Rockbridge Conservation have compiled data and taken photos that document what has been occurring at Woods Creek and its tributaries during these rain events.
“I want to be clear that I am not criticizing or blaming our sediment erosion control administrator for this situation,” she said. “I know he has done everything he can. I do suspect, however, that because of the large scale of the construction and grading involved in this project and the sheer amount of time required to adequately oversee it, it would have been wise to have additional resources available. Large-scale projects like this often require specialized knowledge of particular engineering and erosion-control technologies that [go] well beyond what is typically needed for smaller projects where measures such as silt fencing would work.”
Sukow suggested that language be added to the ordinance requiring the county, at the developer’s expense, when 20 or more acres of land is being disturbed, to contract “with additional staff or outside resources with specialized knowledge” to oversee the project, ensuring that adequate E&S control measures are being taken. “My hope is that these measures would provide the county with the appropriate safeguards and resources necessary to adequately review, administer and inspect these projects and ultimately protect our waterways and the communities that depend on them.”
Buffalo District Supervisor Leslie Ayers, saying she wanted to go on record as supporting Sukow’s “excellent suggestions,” said the proposals “should absolutely be investigated.”
She asked Jonathan Griffin, the county’s erosion and sediment control/stormwater administrator, for his thoughts.
Griffin responded that the suggestions “were perfectly fine,” provided the county attorney agrees that they are within the county’s legal purview. He noted that the measures would be more stringent than what is required by the state but that he’s “perfectly fine with investigating and moving forward with anything else that would help us.”
“Anything more stringent than what [is in the state code] requires us to do a study as a basis for why we decided to do this,” said County Attorney John Dryden. “And I would have to check and make sure we can change the fees.”
Supervisors Chair David McDaniel suggested having the matter referred to the Board’s community development committee to take a look at it and “to work with legal counsel [to determine] what can and cannot be implemented. Then [it] can [be brought] back as a [recommended] text amendment to the full Board for review.”
Ayers asked what the estimated timeline would be for the recommendations to be brought back before the public. “I think six months is more than enough time for us to move in that direction,” replied Griffin.
At the conclusion of the discussion, the Board approved amending the erosion and sediment control/ storm water control ordinance, as presented, to comply with recent changes to state law.
